What is the burden of providing a race-neutral explanation to the prosecution in a peremptory challenge?

California, United States of America


The following excerpt is from People v. Irvin, 46 Cal.App.4th 1340, 54 Cal.Rptr.2d 450 (Cal. App. 1996):

"If the trial court finds that the defendant has established a prima facie case, the burden shifts to the prosecution to provide 'a race-neutral explanation related to the particular case to be tried' for the peremptory challenge. (People v. Fuentes [ (1991) ] 54 Cal.3d [707,] at p. 714 [286 Cal.Rptr. 792, 818 P.2d 75]; Batson v. Kentucky, supra, 476

Page 456

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